The 'real prospect of success' test in s 14C of the Supreme Court Act 1986 (Vic) applies to applications for leave to appeal from interlocutory orders of the County Court, whether the appeal is brought under s 52 of the Accident Compensation Act 1985 (Vic) or s 74 of the County Court Act 1958 (Vic). A respondent in accident compensation proceedings is not confined to medical evidence available at the time of claim rejection and may require re-examination at reasonable intervals under s 112, even years after the initial examination. The question whether s 52 of the Accident Compensation Act survives as an appellate pathway after its repeal on 1 July 2014 was expressly left open.
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